The City of Hamilton lost an appeal to the Superior Court of Justice of an earlier decision by an Arbitrator to award $582,657 to a person, and his former wife, who was injured tobogganing on a reservoir property owned by the City.
The Superior Court of Justice ruled against the City’s four grounds of appeal in the case.
Arbitrator Honourable Eugene Fedak, a retired Superior Court justice, ruled the City had duty of care in section 3 of the Occupiers’ Liability Act and failed to ensure people using the hill to toboggan on the reservoir were reasonably safe.
Honourable Fedak also found that the injured person, Bruno Uggenti, did not “voluntarily assume the risk of injury” and found no contributory negligence by Mr. Bruno Uggenti or his then-wife Patricia Clark.
Mr. Uggenti is awarded $482,657 in damages. Ms. Clark is awarded $100,000 in damages.
Original Appeal Sent to Superior Court
The City originally appealed to the Ontario Court of Appeal. The Ontario Court of Appeal ruled they could not hear the appeal, as it was under the Arbitration Act, and directed it to the Superior Court of Justice.
A request has been sent to the City of Hamilton for comment if they will appeal this ruling.
Outside Counsel was used by the City in this case.